Does my daughter become a citizen with IR2?

[Vikki001 0]

Hi,

 

My husband who is a U.S. citizen and I will be filing for an IR1 for me and an IR2 for my daughter who is 8 years old.

 

Currently we have only been married for 1.5 years, but I imagine by the time the interview comes we will be married for at least 2 years since we have yet to start the process.

 

My question is: will my daughter be given a green card or U.S. citizenship upon arrival? The USCIS website is a bit confusing on this point with respects to residency.

 

Thank you

[Alabamak1 688]

the kids become US-citizens once the mother or father becomes a us-citizen if they are minors. In your case, you would first have to become us citizen to get citizenship for your daughter to get US citizenship.  Your daughter will get a green card first.

[Hypnos 6,578]

To expand on the above, your daughter will become a US citizen on the same day you do provided that (i) she is in your legal and physical custody, (ii) she is not yet 18, and (iii) she is a permanent resident. 

 

So in all practicality, provided you file for and receive US citizenship when you become eligible for it in a few years then she will become a US citizen under the Child Citizenship Act the same moment you do. 

 

Or if your husband were to legally adopt her then the same would apply, just through him and not you. 

Edited July 8, 2018 by Hypnos

[Crazy Cat 42,734]

2 hours ago, Vikki001 said:

Currently we have only been married for 1.5 years, but I imagine by the time the interview comes we will be married for at least 2 years since we have yet to start the process.

To clarify:  CR-1 vs IR-1 will be determined by the date you enter the US, not the interview date.

Example:  Couple A is married for 1 year, 7 months at the time of the interview.  If the foreign spouse enters the US prior to their 2 year wedding anniversary, she/he will receive a 2 year GC.  However, if the foreign spouse enters the US on or after the 2 year wedding anniversary, she/he will receive a 10 year GC.

Good Luck

 

 

Edited July 8, 2018 by missileman

[Vikki001 0]

On 08.07.2018 at 3:37 PM, missileman said:

To clarify:  CR-1 vs IR-1 will be determined by the date you enter the US, not the interview date.

Example:  Couple A is married for 1 year, 7 months at the time of the interview.  If the foreign spouse enters the US prior to their 2 year wedding anniversary, she/he will receive a 2 year GC.  However, if the foreign spouse enters the US on or after the 2 year wedding anniversary, she/he will receive a 10 year GC.

Good Luck

 

 

 

Ok, that makes sense, thank you. But I'm confused a little about when a visa to enter the U.S. is provided when using the CR-1 vs IR-1 process. I thought we will fill out the forms for the IR-1 process and wait for an interview invitation; at which point a visa would be provided to enter. Is this not so?

[Vikki001 0]

On 08.07.2018 at 1:49 PM, Hypnos said:

To expand on the above, your daughter will become a US citizen on the same day you do provided that (i) she is in your legal and physical custody, (ii) she is not yet 18, and (iii) she is a permanent resident. 

 

So in all practicality, provided you file for and receive US citizenship when you become eligible for it in a few years then she will become a US citizen under the Child Citizenship Act the same moment you do. 

 

Or if your husband were to legally adopt her then the same would apply, just through him and not you. 

Thank you 

[Vikki001 0]

On 08.07.2018 at 1:40 PM, Alabamak1 said:

the kids become US-citizens once the mother or father becomes a us-citizen if they are minors. In your case, you would first have to become us citizen to get citizenship for your daughter to get US citizenship.  Your daughter will get a green card first.

Thank you! Я тоже из Украины)

[Crazy Cat 42,734]

6 minutes ago, Vikki001 said:

 

Ok, that makes sense, thank you. But I'm confused a little about when a visa to enter the U.S. is provided when using the CR-1 vs IR-1 process. I thought we will fill out the forms for the IR-1 process and wait for an interview invitation; at which point a visa would be provided to enter. Is this not so?

That is generally how it worked in our case (Taiwan).  Then, at Port of Entry, the officer will assign CR-1 or IR-1 based on the time between marriage date and current date (day of US entry).

[jan22 3,072]

Your husband would have to be the biological father of your daughter for her to gain US citizenship upon entry with an immigrant  visa. Assuming that is not the case, the other posters are correct as to when she will become one.

Edited July 9, 2018 by jan22

[Thegirl 225]

4 hours ago, Vikki001 said:

 

Ok, that makes sense, thank you. But I'm confused a little about when a visa to enter the U.S. is provided when using the CR-1 vs IR-1 process. I thought we will fill out the forms for the IR-1 process and wait for an interview invitation; at which point a visa would be provided to enter. Is this not so?

The IR and CR process and forms are the exact same thing. Only difference is that if you're married for 2 years or more when you request entry to the US with the immigrant visa you'll get a 10 yr visa. If you are 2 years or more at the interview you get an IR visa. 

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.